Nunda Township Loses Freedom of Information Appeal on Senior Bus Audit

Labaj, John being consultated by Peter Austin, Adam Lehmann in backgrouind

John Labaj being consulted by County Administrator Peter Austin. Adam Lehmann. Labaj has retired; Lehmann is now Lake County Deputy Administrator.

At the request of Deputy County Administrator John Labjai (now retired), McHenry County Auditor Pam Palmer performed an audit on Nunda Township’s senior bus program.

It was financed with a grant administered by McHenry County.  Federal and state money was involved.

I filed a Freedom of Information request on April 23rd of this year.

A denial came llickety split from the Nunda Township Road Commissioner on April 25th a two day turnaround.

I appealed the refusal of newly-elected Nunda Township Road Commissioner Mike Lesperance to the Illinois Attorney General’s Public Access Division.

On August 20th, Assistant Attorney General Dushyanth Reddivari rendered a decision in my favor.

The Assistant Attorney General quotes Section 7(1)(m) of the Freedom of Information Act, the part that Nunda Township used to seek exemption from disclosure:

Communications between a public body and an attorney or auditor representing the public body that would not be subject to discover in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.  (Emphasis added.)

The opinion continues:

“The district is not a part of McHenry County, and it has not asserted it is represented by the County’s auditor.

“Moreover, an ‘internal audit’ is defined as “[a]n audit performed by an organization’s personnel to ensure that internal procedures, operations, and accounting practices are in proper order[.]  Black’s Law Dictionary (9th ed.)…(Emphasis added.)

“The requested audit was conducted by an auditor for McHenry County for the purpose of determining whether the District’s program meets the requirements for receipt of senior services grant funding.

“Therefore it does not constitute an ‘internal audit.”

“Accordingly, we conclude the Districts has not sustained it burden of proving that the audit is exempt from disclosure pursuant to 7(1)(m).”


Nunda Township Loses Freedom of Information Appeal on Senior Bus Audit — 12 Comments

  1. Amazing how common sense can override the Nunda Highway commissioner and the McHenry County Board.

    Too bad we didn’t have more audits of Don Kopsell while he ran things.

    I’m sure he’s looking forward to the release of these documents.

    And, as he tried to cover them up, Mike Lesperance owns them as well.

  2. And Don Kopsell will be on the county board?

    Better watch him very closely.

  3. Just for laughs Cal should re-post the Nunda Candidates Forum video.

    When Lesperance, hat in hand, gave his case for why he should be elected.

    Should provide some good yuks now.

  4. What if Nunda still says “no?”

    How do you (can you) enforce the PAC’s opinion?

  5. Shhhhhhhhhhhhh it’s the popcorn coverup.

    They are probably spending lots of time in Gordy’s office.

    No transparency?

    Big red flag!

  6. Reason #8328 to abolish useless townships……….

    It’s sorta funny, even though useless Evanston Township was abolished just this year by angry taxpayers, the last raft of county township abolitions in Illinois occurred in the 30s when suffering taxpayers in Calhoun, Menard, Morgan, Wabash, Edwards, Monroe, Randolph, Alexander and Union Counties, among others, got rid of the tax blood-suckers and their cute parasitic pension plans.

    Now the remaining townships have a powerful lobby …using “donations” from township officials (that’s really tax-payer funds) and other parasites of the status quo, to protect their vampirism.

  7. Old Man Winter – enjoyed your comment.

    Nunda Township officials – taxpayer money is taxpayer money and is not yours to rule as if this is your “private” business.

    Tell the people the truth, we are grown enough to read it.

    If it shows that someone is unwilling or unable to do the job they were paid to do, it is not your place to protect them.

    Why is this same type of battle being fought over and over again?

    I am assuming you all teach your kids to do the right thing.

    If there is something being covered up how will you explain THAT to the kids?

  8. I think we need to get rid of townships; just another layer of bureaucracy.

  9. Definition of stupid: “given to unintelligent decisions or acts : acting in an unintelligent or careless manner”

    People who post here and elsewhere relative to the unequivocal elimination of Townships are ‘STUPID’.

    Elimination of Townships would require another government entity to take over Road Maintenance and other Township functions.

    The only roads maintained by Townships are in UNINCORPORATED McHenry County.

    Guess who else maintains roads in UNINCORPORATED McHenry County?

    The State and the County.

    The State which is broke and in the case of McHenry County, a County with a Transportation Committee that wants to spend $135,000,000 on an unnecessary project for Randall Road.

    The same committee and Board which approved a Park and Ride Parking lot that sits empty.

    The same committee which was responsible for citizen activism that resulted in a more common sense solution for Fleming Road.

    In total, McHenry County Townships collected $28,493,731 in property taxes in 2013.

    Should Townships be eliminated and the road maintenance be contracted out, the contracts would be subject to PREVAILING WAGES!

    If you want to do something positive for the taxpayers, call your state legislators and demand an end to Prevailing Wage Law.

    It is not the number of units of government draining the taxpayers of this state, it is the Constitutional requirements for pensions and the prevailing wage laws plus over-regulation at all levels of government!!

    Educate yourself! Quit being STUPID!! Genius has limits – there is no limit on stupid.

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